In 2015, the National Highway Traffic Safety Administration (NHTSA) reported that critical brake-related reasons were responsible for about 10,000 accidents in the U.S. between 2005 and 2007.
Despite technological advancements leading to safer cars and fewer brake-failure accidents, these incidents are still possible, especially when owners neglect regular and proper vehicle maintenance.
Car accidents caused by brake failure can be complicated for various reasons. A driver’s carelessness or negligence usually causes collisions, but drivers may not have contributed to brake failure accidents in any way.
Therefore, understanding the steps required to prove fault and how liability is established in these cases is essential if one is to have any chance of recovering fair compensation.
Given the technicality of brake failures, determining who is at fault can be tricky. Depending on the circumstances of each case, liability can rest on several parties. Yet, establishing who the responsible party should be is crucial since they are typically responsible for repair costs and should compensate the victims for any injuries.
To accurately determine the at-fault party, it is always best to consult a car accident attorney who can investigate the accident to acquire all the relevant facts and then decide who should be held responsible. Nonetheless, potential parties that may be responsible for a brake failure accident are:
A driver or car owner’s negligence may have caused a brake failure car accident. Negligence in this context refers to a driver’s failure to maintain the vehicle and its brakes properly.
Almost all states have laws that impose a duty of care on drivers or vehicle owners—California’s Cal Civ. Code § 1714 (a), for instance, provides that everyone will be responsible for any injury caused to another due to their lack of ordinary care in managing their property. Similarly, Georgia’s Ga. Code Ann. § 40-8-201 implies that drivers must not operate unsafe vehicles or vehicles needing repair/adjustment.
As part of the duty of care that a driver owes other road users, they must ensure their vehicle is not in a state that will endanger others, and failing to carry out regular maintenance will constitute a failure to comply with this obligation.
If drivers fail to check their brakes regularly or replace faulty ones, they could be held responsible for a brake failure accident. In Thompson v. Ford Motor Company, 16 Utah 2, 395 P.2d 62 (Utah 1964), the court noted that his failure to follow statutory safety requirements was deemed contributory negligence despite the plaintiff's claim of defective brakes.
Furthermore, in situations where the brake failure is not strictly mechanical, the driver will be liable due to the driver’s failure or recklessness to apply brakes as they should. Overspeeding drivers are most often guilty of this.
If the brake failure was due to negligent maintenance or faulty repairs, the mechanics or technicians who worked on the vehicle could be at fault, as long as you can establish that their negligent maintenance led to the accident.
However, a vehicle owner who knowingly employs an unqualified mechanic to carry out the repairs may still be liable for accidents that result from the faulty installation.
The manufacturer could be liable if the brake failed because of a defect in the vehicle’s design or manufacturing. In Griggs v. Firestone Tire & Rubber Co., 513 F.2d 851 (8th Cir. 1975), the court ruled that a manufacturer could be held responsible for accidents caused by defective parts. A vehicle manufacturer may also be liable if it requires the brake manufacturer to make the brakes in a certain way for vehicle design.
Vehicle manufacturers may also be responsible just by selling a vehicle with defective brakes. In MacPherson v. Buick Motor Co., 217 N.Y. 382 (1916), the court ruled that manufacturers have a duty of care to ensure their products are safe. Hence, Buick Motor was held liable for injuries that resulted from defective parts made by a third party but incorporated by Buick into the finished vehicle before sale.
For the manufacturer to be at fault, your lawyer must prove that a manufacturing error rendered the brake defective and that the braking system had not been substantially changed since the vehicle was purchased. Once a manufacturing error in the braking system has been proved, you and every other victim who suffered an injury due to the accident may succeed in a liability claim against the vehicle manufacturer.
The brake manufacturer may also bear responsibility, especially If specific brake components were faulty and caused the failure. Similarly, if any brake components have been replaced, the manufacturer of the replacement brakes would be at fault if they fail to design the brake system, components, or parts properly.
Even with a sound design, the brake manufacturer may still be liable if a defect in the manufacturing process causes the brake part to fail during use, leading to injuries or fatalities in a crash.
Proving fault in a brake failure accident is a complex process, and several key factors are typically considered before fault is determined. However, it is also crucial and, therefore, requires thorough investigation to ascertain and establish facts through solid evidence.
This initial assessment will help to determine the events leading up to the accident and whether brake failure contributed to the crash. In big cities, law enforcement may be unable to investigate the accident scene if the accident does not cause death, injury, or significant property damage. When officers do not investigate the scene, you should collect all the relevant evidence if you are healthy enough to do so.
In most states, comparative negligence is a defense available to parties involved in a brake failure accident. It allows the party claiming it to recover damages even though they are partially responsible for the accident.
A comparative negligence claim will only succeed where more than one party has contributed to the accident.
For instance, if a driver has failed to maintain their brakes and that has caused a brake failure accident with another driver who ran a red light into an intersection, both drivers will share in the fault since their actions (or inactions) caused the accident.
Deciding how much fault each driver will bear depends on the unique circumstances of each accident. This is referred to as the allocation or apportionment of fault.
The claimant will only be entitled to compensation reduced by the proportion of fault allocated to them.
So, if the total damages from a brake failure accident are $10,000, but the claimant is found to be 60% responsible, the potential damages ($10,000) will be reduced by their proportion of fault (60%), leaving them entitled to just $4,000. In the same way, a defendant may reduce the amount of damages they are liable to pay by establishing that the claimant also bears fault for the accident.
Since different parties (not only drivers) may be responsible for a brake failure accident, any parties deemed liable may raise the defense of comparative negligence against another party liable to reduce their financial obligation.
So, in certain circumstances, a vehicle manufacturer may be able to claim that even though a faulty design caused the brake failure, the driver’s reckless driving accelerated the rate at which the brakes deteriorated and exacerbated injuries sustained by the driver.
Comparative negligence operates differently across jurisdictions. States like Florida (Fla. Stat. § 768.81) and New Mexico (N.M. Stat. § 41-3A-1(B)) follow pure comparative negligence, which means a party can recover damages as long as they are not entirely at fault, even if they are mostly (as much as 99%) responsible.
In other comparative negligence states like Idaho (Idaho Code Ann. § 6-801) and Texas (Tex. Civ. Prac. & Rem. Code § 33.001), where the modified comparative negligence rules are followed, parties will be allowed to recover compensation as long as they are not 50% or more (51% or more in some states) responsible.
All damages incurred may be recoverable as compensation. “Damages” is a legal term that covers economic and non-economic losses incurred due to the accident. Here, economic losses include property damage, medical bills, and lost income, while pain and suffering are categorized under non-economic damages.
Below is a breakdown of the different types of compensation and what they will cover:
This covers immediate medical treatment, ongoing care, rehabilitation, and any future medical expenses related to the accident. To ensure you can recover all your medical expenses as compensation, visit the doctor for an examination as soon as possible after an accident, whether you’ve suffered visible injuries or not.
Failing to do this might allow the responsible party to claim that your failure to secure medical treatment as soon as possible worsened your injuries and should be considered negligence on your part.
Also, ensure you keep all medical-related expenses and receipts for presentation during negotiations with insurance companies.
If you cannot work due to injuries sustained in the accident, you can seek compensation for lost income and any loss of future earning capacity. To calculate lost income, you start by determining the gross income lost during recovery, and then you include future losses in terms of opportunities that would be missed due to the accident.
To claim loss of future earning capacity, you must show that you have been injured in a way that will prevent you from being able to work in the same way after the accident. To successfully get compensation for lost wages, you may need to provide documentation of your employment status and include an official statement from your employer that corroborates your claim.
This covers repairing or replacing the damaged vehicle and any other personal property affected by the accident. Make sure to document all damage with photos or videos and obtain repair or valuation estimates to form the basis of your claim.
This compensates for the emotional distress, loss of enjoyment of life, and trauma suffered due to the accident. Your medical records and witness statements showing you’ve been in pain or that your quality of life has deteriorated may effectively prove that you’re entitled to this type of compensation.
If you also keep a pain journal where you record how your injuries have affected you, it will be critical evidence.
While rare, punitive damages may be awarded to punish the at-fault party in cases where the brake failure was caused by gross negligence or misconduct (such as a manufacturer knowingly using defective parts).
You could face an overwhelming legal process if you are involved in a brake failure accident. Determining the responsible party, contacting them, and securing compensation can appear daunting, especially if you don’t have a lawyer. With a lawyer, you won’t have to worry about all of that, and your lawyer will also be able to help with elements that prove your case, like securing expert witnesses.
But how do you find a lawyer skilled enough to secure your compensation and well-versed in all the relevant laws surrounding your accident? That’s where we come in. At The Accident Helpers, we can connect you to the best car accident lawyers in your city, ensuring you go through this process with a representative you can be confident in.
The best part is that our services are entirely free, and you can initially find out the worth of your claim before deciding whether to pursue it. All you have to do is contact us today, and one of our consultants will get the relevant facts of your case. We will then suggest lawyers who have handled similar cases, but the ultimate choice remains in your hands.
Contact us today!